[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Proposed Rules]
[Pages 31102-31104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10633]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0192]
RIN 1625-AA08


Special Local Regulation; Ohio River, Louisville, KY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local 
regulation for all navigable waters of the Ohio River from mile marker 
(MM) 597.0 to MM 607.0. This action is necessary to provide for the 
safety of life on these navigable waters near Louisville, KY, during 
Thunder over Louisville. Entry into, transiting through, or anchoring 
within this regulated area is prohibited unless authorized by the 
Captain of the Port Sector Ohio Valley (COTP) or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 22, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0192 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MST2 Craig Colton, Waterways 
Department Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-
5335, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port Sector Ohio Valley
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 17, 2020, the Coast Guard was notified of a delay to the 
Thunder Over Louisville Marine Event originally scheduled for April 17, 
2020 through April 19, 2020. The event has been postponed until August 
14, 2020 through August 16, 2020 and will take place on the Ohio River, 
between Mile Marker (MM) 597.0 to MM 607.0 The Captain of the Port 
Sector Ohio Valley (COTP) has determined that potential hazards 
associated with the Thunder Over Louisville airshow and fireworks 
display would be a safety concern for anyone within a 10 mile stretch 
of the Ohio River.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the ten mile stretch of the Ohio River 
before, during, and after the scheduled event. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulation that 
will be enforced from 11 a.m. to 6 p.m. on August 14, 2020, from 12 
p.m. to 11:59 p.m. on August 15, 2020, and from 12 a.m. to 2 a.m. on 
August 16, 2020. The special local regulation would cover all navigable 
waters of the Ohio River from MM 597.0 to MM 607.0. The duration of the 
special local regulation is intended to ensure the safety of waterway 
users and these navigable waters before, during, and after the 
scheduled event. No vessel or person is permitted to enter the special 
local regulated area without obtaining permission from the COTP or a 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders, and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and

[[Page 31103]]

benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
Executive Order 13771 directs agencies to control regulatory costs 
through a budgeting process. This NPRM has not been designated a 
``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB), and pursuant to OMB guidance it is exempt from the 
requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
Entry into the regulated area will be prohibited from 11 a.m. to 6 p.m. 
on August 14, 2020, from 12 p.m. to 11:59 p.m. on August 15, 2020, and 
from 12 a.m. to 2 a.m. on August 16, 2020 from Ohio River MM 597.0 to 
MM 607.0, unless authorized by the Captain of the Port Sector Ohio 
Valley (COTP) or a designated representative. Moreover, the Coast Guard 
will issue written Local Notice to Mariners and Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the temporary special local 
regulation that is in place.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a special 
local regulation area lasting 21 hours over three days on all navigable 
waters extending ten miles of the Ohio River. Normally such actions are 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and

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submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR1.05-1.

0
2. Add Sec.  100.35T08-0192 to read as follows:


Sec.  100.35T08-0192  Special Local Regulation; Ohio River, Louisville, 
KY.

    (a) Regulated area. All navigable waters of the Ohio River from 
mile marker (MM) 597.0 to MM 607.0 in Louisville, KY.
    (b) Enforcement period. This section will be enforced from 11 a.m. 
to 6 p.m. on August 14, 2020, from 12 p.m. to 11:59 p.m. on August 15, 
2020, and from 12 a.m. to 2 a.m. on August 16, 2020. The Captain of the 
Port Sector Ohio Valley (COTP) or a designated representative will 
inform the public through broadcast notice to mariners of the 
enforcement period for the special local regulation.
    (c) Special local regulations.
    (1) In accordance with the general regulations in Sec.  100 of this 
part, entry into this area is prohibited unless authorized by the COTP 
or a designated representative.
    (2) Recreational vessels may be permitted to transit the regulated 
area, but are restricted to the Indiana side of the navigation channel. 
There shall be no anchoring or loitering in the navigation channel. 
There is a no-entry zone starting at Ohio River MM 602.7 through MM 
607.0. Recreational vessels transiting into and away from this area are 
restricted to the slowest safe speed creating minimum wake.
    (3) The COTP may terminate the event or the operation of any vessel 
at any time it is deemed necessary for the protection of life or 
property.
    (4) All other persons or vessels desiring entry into or passage 
through the area must request permission from the COTP or a designated 
representative. U.S. Coast Guard Sector Ohio Valley may be contacted on 
VHF Channel 13 or 16, or at 1-800-253-7465.

    Dated: April 23, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2020-10633 Filed 5-21-20; 8:45 am]
 BILLING CODE 9110-04-P